What Is Domestic Battery?

March 6, 2025 | Nafiz M. Ahmed

Domestic battery is one of the many offenses in California that can result in domestic violence charges. Battery is defined in California Penal Code §242 as any unlawful and willful use of violence or force on another person. Section 243(e) discusses a battery against a current or former intimate partner or the parent of a child shared with the accused. The code imposes additional penalties for domestic battery.

Intimate partners include:

A spouse or former spouse
The parent of your child
A current or former fiancé or fiancée
A current or former person with whom you shared a dating or engagement relationship

Assault and domestic battery are different. Assault is the unlawful attempt to commit a violent injury to someone coupled with the present ability to do so.

Domestic battery does not require the victim to sustain injuries. Unlawful touching could include grabbing your spouse by their clothing during an argument. It could also mean pushing the person you are currently dating.

What Does the Prosecutor Need To Prove for a Conviction of Domestic Battery in California?

The prosecution must prove the following elements beyond a reasonable doubt for a domestic battery conviction:

The defendant acted intentionally or willfully;
The touching was offensive or harmful; and,
The victim was an intimate partner.

A conviction of domestic battery can result in numerous criminal penalties. It could also result in collateral consequences. A criminal record can impact numerous aspects of your personal and professional life, including housing, immigration status, family law matters, and employment.

What Are the Penalties for a Domestic Battery Conviction?

Typically, battery charges are misdemeanor offenses. When a battery is committed against an intimate partner, however, the court may impose additional penalties. The potential penalties for a domestic battery conviction include a maximum fine of $2,000; up to one year in county jail, and probation.

If the battery results in willful infliction of corporal injury to an intimate partner, you could be charged with a felony. Corporate injury to an intimate partner could result in up to four years in prison and a fine of up to $6,000.

What Are the Terms of Probation for Domestic Battery Charges?

Probation generally lasts for three to five years. In domestic violence cases, the defendant may be required to complete a batterer’s treatment program or a similar counseling program lasting at least one year.

The court may also require the defendant to:

Make payments of up to $5,000 to a domestic violence shelter program; and/or,
Reimburse the victim for reasonable costs and expenses for counseling and other losses directly resulting from the battery.
The code also imposes a minimum of 48 hours of jail time if the defendant has been previously convicted of battery and probation is granted or the sentence is suspended.
Other conditions of probation for domestic battery could include:
Participation in substance abuse and/or anger management classes, if appropriate
Community service hours
Cannot own, possess, or have custody or control of firearms
Follow the conditions in the domestic violence restraining order issued against you as part of the probation
Pay all fees, fines, restitution, and other court-ordered payments

You could face severe penalties for violating the terms of domestic battery probation. The court could impose the original sentence for a violation, which could result in up to one year in jail. The court might also extend the probation term or add new conditions to probation.

Potential Defenses to Domestic Battery Violations of San Jose, CA

You are innocent until you are proven guilty. However, that does not mean you should not prepare an aggressive defense to criminal charges. The courts do not always arrive at the correct verdict.

An experienced domestic violence lawyer investigates the charges against you to identify potential defenses to the charges. Examples of defenses to domestic battery include:

You acted in self-defense or the defense of another person
The alleged victim falsely accused you of battery
You had the victim’s consent to touch them
Your rights were violated, leading to a technical defense
Your conduct was an accident; therefore, you lacked the willful intent to commit the crime

Our criminal defense attorneys diligently pursue all defenses to your criminal charges. However, we are also skilled negotiators.

If going to trial is not in your best interest, we work to negotiate a plea deal that gives you the best outcome possible. We use the evidence and any available mitigating circumstances to reduce the severity of a guilty plea.

What Should I Do if I’m Arrested for Domestic Battery?

It may be difficult, but try not to overreact or become angry. Resisting arrest or becoming aggressive could escalate the situation and result in additional charges.

You may want to tell your side of the story. Before you talk to the police, call an attorney for legal advice. Talking to the police without a lawyer could hurt your case. Anything you say to the police could be used against you.

While waiting to talk to an attorney, do not try to contact the alleged victim. You may believe you can work out the situation and avoid the charges. However, contacting the alleged victim could make matters worse.

Your best choice is to work with an attorney to determine the best defense strategy for the charges. An experienced criminal defense lawyer understands that law and how to use the evidence in your case to build a defense.

Your attorney will gather evidence, interview witnesses, and assist you in documenting communications between you and the alleged victim. In some cases, attorneys work with expert witnesses, including medical specialists and forensic experts. In all cases, an attorney provides support and guidance as they advocate for you.

Learn More About Defenses to Domestic Battery During a Free Consultation

If you were recently charged with domestic battery in California, hiring an experienced criminal defense attorney is one of the best steps you can take to protect your rights and secure a favorable outcome. Call a lawyer today to schedule a free consultation and learn about your best plan of action going forward.

Contact our Domestic Violence Law Firm of Ahmed & Sukaram, Criminal Defense Attorneys Today For Help

For more information please contact our criminal defense law firm of Ahmed & Sukaram, Criminal Defense Attorneys at the nearest location for a free consultation.

Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818

Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500